Research On Temporary Execution Outside Prison

Temporary execution outside prison is a kind of punishment for offenders with statutory special circumstances applicable to the implementation of changes to the way.Humanitarian nature of its compliance with the current penalty, mitigation of punishment and execution of penal reform of social trends, countries in both the Criminal Procedure Code provides for a similar system.However, due to the reality of the plight of the legislative and judicial defects encountered in practice, temporary probation system applicable in our country is not optimistic.Improve the legitimacy of the system temporary probation system has yet to be rebuilt from the legislative level, and procedures. This paper is divided into four chapters on temporary execution outside prison system.Introduction of the paper reveals the profound significance of temporary execution outside prison system in China, as well as to introduce the system in the presence of judicial practice injustice and corruption, noting temporary execution outside prison system Dilemma.The first chapter to resolve the basic theory of temporary execution outside prison system, including temporary probation and temporary probation system meaning, characteristics, probation and value system of temporary execution outside prison temporarily to the analysis.The second chapter introduces the basic system of temporary probation constituted probation for a similar provision from the decision subject, applicable conditions and operational procedures of the three aspects of temporary probation system by analyzing the basic framework to build nations.The third chapter analyzes the current legislative status quo temporary execution outside prison, the problems raised by the legislative and practical levels.Chapter IV presents for temporary execution outside prison system rebuild, I propose to break the existing framework, the implementation of the penalty of suspension or stay of execution of said system, complete with the relevant procedural provisions perfect. However, taking into account of the implementation stage, the penalty of suspension or completely suspend the system time is not ripe, and procedures related to the implementation of the basic is not perfect, you can try to be perfect supporting the transition process within the existing framework, when the conditions are not ripe for to use.